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SIMMONS v. STATE

No. 96-839.

684 So.2d 347 (1996)

Curtis Ricardo SIMMONS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 26, 1996.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Craig J. Trocino, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Douglas J. Glaid, Assistant Attorney General, for appellee.

Before NESBITT, GODERICH and GREEN, JJ.

PER CURIAM.

Because the evidence failed to establish that the defendant entered the structure, as required for the crime of burglary pursuant to section 810.02, Florida Statutes (1995), we reverse his conviction for burglary. See Stanley v. State, 626 So.2d 1004, 1005 (Fla. 2d DCA 1993)("In order to prove the burglary, the state must prove a nonconsensual entry with intent to commit an offense therein."), review denied...

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